|
Citation
|
Judgment date
|
| September 2007 |
|
|
Whether an agent had authority to sell a principal's subdivided immovable property and compel transfer.
Agency — authority of agent (express, implied or apparent) to bind principal; specific performance — transfer of immovable property; credibility findings; authorisation of Deputy Sheriff to sign transfer
|
30 September 2007 |
|
Declaratory relief refused as academic; ethical complaints for Law Society; application dismissed with costs.
Declaratory relief — High Court Act s14 — requirement of direct and substantial interest; academic or overtaken claims; discretionary refusal of declarator; legal ethics jurisdiction of Law Society; costs; registrar inquiry for failure to file heads
|
23 September 2007 |
|
A public carrier remained liable unless loss resulted from damnum fatale; owner’s‑risk clauses do not absolve gross negligence.
Carriage law; public/common carrier status; privity of contract; owner’s‑risk/exclusion clauses; damnum fatale and vis major; burden of proof; liability for subcontractors/deemed servants; fundamental breach vs. transhipment
|
23 September 2007 |
|
Application to restrain eviction withdrawn for wrong defendant; court ordered no costs and neither party liable.
Rural Land Occupiers Act – protected occupiers – wrongful citation of party in eviction challenge – enforcement of prior eviction order against non-parties – costs on withdrawal.
|
18 September 2007 |
|
Spoliation claim dismissed: statutory eviction and applicant’s signed acknowledgement negated peaceful possession and constituted consent to occupation.
Spoliation – urgency – preservation of law and prevention of self-help; Gazetted Land (Consequential Provisions) Act – effect on possession; proof of peaceful and undisturbed possession; consent by acknowledgement of eviction/temporary stay; proof of seizure of movable farm equipment; costs follow the event
|
17 September 2007 |
|
The plaintiff proved defamation and unlawful arrest by the manager, with vicarious liability of the employer and full damages awarded.
Defamation – publication of allegation of theft – defamatory meaning and publication in presence of followers; Unlawful arrest and detention – private apprehension, actio injuriarum, absence of lawful justification; Vicarious liability of employer for manager and employees; Quantum – solatium for reputational harm and exemplary damages for deprivation of liberty; Evaluation of witness credibility and falsified alibi
|
16 September 2007 |
|
Delictual damages for wrongful deprivation of immovable property are assessed at the delict date; arbitral award not contrary to public policy.
Arbitration — Model Law Art 34 — setting aside awards only for limited grounds; Public policy — restrictive application; Delict — wrongful deprivation of immovable property — damages assessed at date of delict; Interest — proper rate and commencement date.
|
16 September 2007 |
|
Employer need only check-off dues for unions registered to represent employees’ industry; statutory limits do not breach freedom of association.
Labour law – union dues and check-off – scope of statutory bargaining agreements (SI 45 v SI 273) – building societies – interpretation of ss.52, 54 Labour Act – freedom of association and ILO Convention No.87.
|
16 September 2007 |
|
The respondent’s ceded personal rights do not constitute ownership; rei vindicatio unavailable without a real right or joining the seller.
Property law — rei vindicatio — in rem remedy available only to owners; cession from tenant creates personal rights not enforceable against the world; improvement lien is a real right but must be pleaded; necessity of joining the seller in disputes over double sales or specific performance
|
11 September 2007 |